In every state, it is considered a crime to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense is frequently called driving under the influence (DUI) or driving while intoxicated (DWI). DUI laws make it a crime to operate a car, motorcycle, truck, or vehicle if the driver is intoxicated above the level that is established by DUI standards.
A police officer can make a vehicle stop if the driver is suspected to be intoxicated. A field sobriety test will be conducted on the driver or some form of chemical test for intoxication may be administered upon his consent.
During the field sobriety test, the police officer may ask the driver to perform a number of tasks so that his impairment can be assessed. The driver may be asked to walk a straight line or recite the alphabet backward. The officer may also use the eye and penlight test to determine the driver’s blood alcohol concentration. However, the test is notorious for being administered incorrectly by police officers.
A Breathalyzer is used to measure a person’s blood alcohol concentration but drivers have to give their consent to this form of DUI testing. If the driver refuses to submit to testing, implied consent laws carry penalties like mandatory suspension of the driver’s license from 6 months to a year. License sanctions for refusing testing are harsher than those imposed after a failed DUI test.
All states have DUI laws that deem “per se intoxicated” any driver that has a blood alcohol concentration that is above the set limit of .08. In the eyes of the law, a driver is intoxicated when the blood alcohol concentration is .08 and above and does not require any further proof of driving impairment. States also have the “zero tolerance” law for drivers under the legal drinking age.
If you have been charged with DUI, your best option is to call MyDefence for the necessary assistance to obtain a much better outcome for your case. It can be a reduced charge, probation instead of jail time and a solid defence that can result in dropped charges or a not guilty verdict.